监察调查程序中律师介入问题研究

Research on Lawyer’s Intervention in the Process of Supervision and Investigation

《监察法》的颁布实施及监察体制改革进程的深入推进,为我国反腐败斗争提供了强有力的支持,有效的推动了国家治理体系和治理能力现代化。然而,目前我国《监察法》并未赋予被调查人在被调查过程中获得律师帮助的权利,这在实体和程序上略显欠缺。从《监察法》中律师缺位的缘由为切入点,进而分析律师介入监察调查程序的必要性,再依据我国监察体制改革实施以来的实际情况和经验积累,提出律师介入监察调查程序的制度展望,以促进建立完善的、经得起历史检验的监察制度。

The promulgation and implementation of the Supervision Law and the deepening of the reform of the supervision system have provided strong support for China's fight against corruption and effectively promoted the modernization of the country's governance system and governance capacity.However,at present,the supervision Law of China does not give the investigated person the right to obtain the help of lawyers in the process of investigation,which is somewhat deficient in entity and procedure.This article intends to start from the reasons for the absence of lawyers in the Supervision Law,and then analyze the necessity of lawyers to intervene in the supervision and investigation procedures.Then,based on the actual situation and experience accumulation since the implementation of the supervision system reform in my country,the intervention of lawyers in the supervision and investigation procedures is proposed to establish a complete supervision system that can withstand the test of history.